[Introduced February 10, 2012; referred to the Committee on the
Judiciary.]

____________

A BILL to amend and reenact §25-1-3 of the Code of West Virginia,
1931, as amended, relating to authorizing the Commissioner of
Corrections to contract with nonprofit and charitable entities
for the operation of work-release and transitional housing for
inmates in the commissioner’s custody; requiring that any
facilities which participate meet standards and criteria set
by the commissioner; and allowing for direct placement of
inmates in work-release and transitional housing by order of
the circuit court.

Be it enacted by the Legislature of West Virginia:

That §25-1-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:

ARTICLE 1. ORGANIZATION, INSTITUTIONS AND CORRECTIONS MANAGEMENT.

§25-1-3. Institutions managed by Commissioner of Corrections;
certain institutions transferred to Department of
Health and Human Resources; establishment of work and
study release units; contracting with certain
entities for reentry and direct placement services.

(a) The Commissioner of Corrections shall manage, direct,
control and govern the following penal or correctional institutions
and any others placed under his or her jurisdiction or control:

Mount Olive Correctional Complex;

Huttonsville Correctional Center;

Anthony Correctional Center;

Denmar Correctional Center;

Pruntytown Correctional Center;

Northern West Virginia Correctional Center;

St. Marys Correctional Center;

Lakin Correctional Center;

Ohio County Correctional Center;

Beckley Correctional Center; and

Martinsburg Correctional Center.

(b) The Commissioner of Corrections is authorized tomay
contract with the county commission of McDowell County to house and
incarcerate inmates at the Stevens Correctional Center consistent
with all requirements and standards governing the Division of
Corrections.

(c) Jurisdiction of and title to the West Virginia Children's
Home at Elkins are hereby transferred to the Department of Health
and Human Resources, which is the custodian of all deeds and other
muniments of title to the property and shall record those that are
susceptible of recordation to be recorded in the proper offices.
Notwithstanding any provision of this code to the contrary, the
West Virginia Children's Home shall be managed and controlled by a
superintendent appointed by the Commissioner of the Division of
Human Services.

(d) The commissioner is authorized tomay establish work and
study release units as extensions and subsidiaries of those state
institutions under his or her control and authority. The work and
study release units may be coeducational and shall be managed,
directed and controlled as provided in this article.

(e) The commissioner may contract with nonprofit and
charitable entities operating half-way houses or transitional
housing facilities for the placement of persons in the
commissioner’s custody whether within custody or upon parole
supervision as long as such facilities meet standards and criteria
established by the commissioner. Circuit courts may, as an
alternative to incarceration in a jail or correctional facility,
order a convicted person to serve his or her sentence in a facility
authorized by the provisions of this subsection, as a condition of
probation: Provided, That in any case in which an individual has
been ordered by a circuit court to serve his or her sentence or any
part thereof in a half-way house or transitional housing facility,
the county from which the inmate is committed shall pay a per-diem
rate set by the Division of Corrections which shall be held in a
special revenue account used to offset the costs to the Division of
Corrections for half-way houses or transitional houses. Nothing in
this section prohibits the Division of Corrections from charging
any inmate it places within half-way houses a sum calculated to
offset the costs as well: Provided, That the division finds the
inmate has the ability to pay all or a part of his or her costs of
placement in a half-way house or transitional housing.

(f) Any person employed by the Office of Public Institutions
who on the effective date of this article is a classified civil
service employee shall, within the limits contained in section two,
article six, chapter twenty-nine of this code, remain in the civil
service system as a covered employee.

NOTE: The purpose of this bill is to authorize the
Commissioner of Corrections to contract with nonprofit and
charitable organizations for work-release and inmate reentry
services. The bill also allows circuit courts to directly place
convicted defendants in such facilities.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.